Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11451
SECOND DIVISION Docket No. 11091
88-2-85-2-292
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Birmingham Southern Railroad Company
STATEMENT OF CLAIM:
1. That the Birmingham-Southern Railroad Company, hereinafter
referred to as the Carrier, violated the controlling agreement by compensating
Cayman I. Lewis, hereinafter referred to as the Claimant, at straight time
rate in lieu of the overtime rate for the first shift change in each instance
when filling a vacancy on October 20, and November 11, 1984.
2. And accordingly, the Carrier should be ordered to additionally
compensate Claimant for the difference between straight time rate and overtime
on each occasion, or eight (8) hours straight time rate, as the result of said
violations.
FINDINGS:
The Second Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On the weekends of October 20, 1984, and November 11, 1984, Claimant
filled Carmen vacancies when the regularly assigned Cayman was on leave
because of military reserve duty. Claimant was paid at the straight-time
rate. The Organization thereafter filed a claim on Claimant's behalf,
asserting that Claimant should have been compensated at the overtime rate
under the vacation relief rule.
This Board has reviewed the evidence in this case, and we find that
the Organization has not presented sufficient evidence to support its claim.
The Carrier has presented evidence of an historical past practice, as well as
some documentation relating to an oral agreement with the former General Chairman. The Organization has not presented any evidence to the contrary. Since
the burden of proof is on the Organization, this claim must be denied.
Form 1 Award No. 11451
Page 2 Docket No. 11091
88-2-85-2-292
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
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ancy J.~ - Executive Secretary
Dated at Chicago, Illinois, this 6th day of April 1988.